Legal Opinion
Montoya v. Sanchez
New Mexico Supreme Court
Decided October 21, 1968No. 8625PublishedCited by 14 opinions
1Opinion of the Court
OPINION
CARMODY, Justice.
The trial court determined that the plaintiff-employee was entitled to total permanent disability, and the defendants appeal.
The whole controversy is whether plaintiff’s claim, under the Woi-kmen’s Compensation Act, should be measured by the “total disability” section (§ 59-10-18.2, N.M.S.A. 1953, 1967 Pocket Supp.), or by the “scheduled injury” section (§ 59-10-18.4, N.M.S.A.1953, 1967 Pocket Supp.).
The facts material for our disposition, as stated by the trial court, are:
“5. On April 23, 1964, plaintiff sustained injury which was suffered by a fall from a scaffold…
2Cases cited9 opinions
- Quintana v. Trotz Construction CompanyNew Mexico Supreme Court · 1968
- Boggs v. D & L CONSTRUCTION COMPANYNew Mexico Supreme Court · 1963
- Hamilton v. DotyNew Mexico Supreme Court · 1962
- Sisneros v. Breese Industries, Inc.New Mexico Supreme Court · 1963
- Baker v. Shufflebarger & Associates, Inc.New Mexico Supreme Court · 1968
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- American Tank & Steel Corp. v. ThompsonNew Mexico Supreme Court · 1977
- Gonzales v. Stanke-Brown & Associates, Inc.New Mexico Court of Appeals · 1982
- Witcher v. Capitan Drilling CompanyNew Mexico Court of Appeals · 1972
- Willcox v. United Nuclear Homestake Sapin Co.New Mexico Court of Appeals · 1971
- Archuleta v. Safeway Stores, Inc.New Mexico Court of Appeals · 1986
9 more not listed; retrieve them via the Exa API.